If you are reading this blog (which presumably, you are), you already know about the massive delays at our nation’s Asylum Offices. There are currently about 543,000 pending cases, and some applicants have been waiting for an interview for six, seven, eight years or longer. Given that life happens during this long wait, applicants sometimes want to withdraw their application for asylum. In this post, we’ll talk about when it might be appropriate to withdraw a case and how to do that.
First, to be clear, the only asylum cases that can be withdrawn are those at the Asylum Office. If you have a case in Immigration Court, you can withdraw your asylum application, but this will likely result in an order of removal (deportation) unless you have some alternate form of relief (or if you receive prosecutorial discretion).
For a case at the Asylum Office, there are really only a few situations where you would want to withdraw the asylum claim: (1) Where you have left the United States; (2) Where you have received a Green Card; or (3) Where you have some valid non-immigrant status, such as an H1b visa that allows you to remain lawfully in the United States. If you are in the U.S. and have no legal status here, withdrawing the application will result in a referral to Immigration Court (assuming that the Asylum Office even allows you to withdraw the application under these circumstances).
Probably the two most common scenarios that I see where people want to withdraw is when they obtain a Green Card based on marriage to a U.S. citizen, or when they leave the United States. For a marriage case (or other Green Card case), I always recommend that my clients get the Green Card before they seek to withdraw their asylum application. There are many reasons for this, but the main reason is that until you actually have the Green Card, you cannot be sure whether or when you will get it. Withdrawing the case too soon, before you have your residency, could result in a referral to Immigration Court–and this could easily derail your Green Card application.
Similarly, for people who leave the United States, I advise them to wait until they are outside the country before seeking to withdraw the asylum application. If you withdraw the case before you leave, you could be referred to Immigration Court and–depending how the court case ends–this could make it much more difficult to return to the U.S. in the future.
Let’s say that you have decided to withdraw your application for asylum. How do you do it?
The easiest way to withdraw a case is to email your local Asylum Office and ask that the case be withdrawn. You can find their email address if you follow this link.
A typical request to withdraw might look like this (this request was written by me, so I indicated that I am the attorney):
Subject: Withdraw Asylum Case – Bobbi FLEKMAN, A 314-159-265
Some explanation is in order. In the subject line of the email, I indicate that we want to withdraw the application, and we include the name of the applicant and the Alien number. In the email itself, we include the reason why the person seeks to withdraw the case (for example, the person left the U.S. or the person received a Green Card) and we attach proof about that (visa and passport stamps showing that the person left the country, or a copy of the Green Card, front and back). Some Asylum Offices have a Withdrawal Form; others do not. You can email your local Asylum Office to ask, but if you do not have the form you can still make the request to withdraw your case. If the Asylum Office needs the Withdrawal Form, they can let you know.
After you email the Asylum Office, most offices will send you an automated reply. After that, you will have to wait for a decision or a request for additional information. This could happen the same day or–more likely–take weeks or months. If there is no response within a month or two, you can follow up with another email.
Eventually, the Asylum Office will make a decision. If you are outside the United States or if you have lawful status here (a Green Card or some non-immigrant status), the application will be withdrawn and the case closed. Keep in mind that withdrawing the case does not erase the fact that you filed for asylum in the first place, and so if you plan to return to your home country or engage in any other behavior that might be inconsistent with your asylum case, you should be prepared to explain yourself.
Also–and this is important–if you have dependents (spouse, children) on your asylum application, the case will be withdrawn for them as well. If they have left the U.S. or have lawful status here, you must also provide evidence of that to the Asylum Office when you request to withdraw your case. If not, the dependents could be placed into removal proceedings (i.e., Immigration Court) where they face possible deportation.
Finally, I have to say that I feel bad writing this post. Our country’s asylum system represents a commitment to protect people facing human rights abuses. The fact that asylum applicants are stuck for years in limbo, causing some to withdraw their cases, demonstrates how poorly our system is working. I know that the Biden Administration is trying to improve the situation, and hopefully, their efforts will reduce wait times and bring relief to long-suffering asylum applicants.
Helllo
I m here with my husband,son and daughter from 2017. We have pending asylum case in court . My daughter got married to US Citizen in 2022. Her husband applied I130 for her but he didn’t applied i485 because my lawyer said once we get her I130 approval after she has to go asylum court to withdraw her asylum case then after she will able to file i485. So please guide me in this situation is this correct what my lawyer said or can I do submit i485. Please help me.
Thank you .
There are different ways to do a court case in this situation, but the way your lawyer has advised is the most common and many judges require that it is done this way. I wrote more about this issue on August 6, 2018. Take care, Jason
I had our case for asylum rejected in Dec 2019, and my attorney appealed with the BIA court. The apple takes a long time with the BIA court as well. Unfortunately, we got frustrated because they rejected our asylum application after six years; we submitted it in 2014. All my family members (6) traveled back home to our country, Iraq, for the funeral of my wife’s mom because we don’t have a green card from the US, and I wonder if there is any way to enter the US with any type of visa. Do I need to apply for a specific visa to come back to the USA or are we not eligible to get any type of Visa?
Unless you somehow had Advance Parole or other permission to return, I believe that when you left the US, you “deported” yourself and that there is a 5 or 10 year bar to returning to the US. You can apply for a visa, the same as anyone else, but you will also have to get a waiver of the bar to return – and there could be more than one bar and more than one waiver needed. How easy or difficult it will be to get a waiver and a visa, I do not know, but generally, it is not easy and takes several years (or longer). I would recommend you talk to a lawyer to review the specifics of your case and your options. Take care, Jason
I don’t know man. I was 26 reckless and ambitious, and had no ties to my country and religion made me leave it and seek asylum in the US. I am now frickin 35 and no decision, not even an interview, bad credit from ead expiring and losing jobs. And now I feel stuck, I long for my family cause some can’t visit here they have their whole lives there in another continent so it’s not like hey let’s travel to the US especially visiting visas aren’t easy (well somehow it’s easy for the unfit to get quick visas or even marriage and green card, I don’t get it) I have seen people who are lesser than me (no ego or shaming) but seriously lesser education and lesser morality and not even embracing the US culture yet they live completely legal here through weird means. And I am stuck I don’t know what I am, or if I made a good decision. I feel like just leaving but then again I don’t feel safe in my home country and I don’t feel like I matter here. And I don’t want to blacklist this country from my future, I like it here and I don’t want not to be able to enter the US. I am sick of this fear over my shoulder oh what am I are they going to accept me am I unfit here etc.
And I don’t know if I become an American with a permanent green card can I visit my family or that’s it. Should I leave or should I go omg.
This is a very difficult question in many cases. I don’t have an answer, but I know the system grinds people down; it can be very rough. I did a post about the long wait on January 9, 2018, and maybe that would be of interest. Good luck, Jason
Hello, I am looking for immigration counseling for my specific case. I’m an asylum seeker and I returned to my home country Colombia with my U.S. citizen wife about a month ago. I didn’t ask for permission of parole to travel back. I didn’t withdraw my asylum case when I was still in the US as suggested to avoid immigration court, as of today I still haven’t withdrawn my asylum case, and I haven’t been scheduled for an interview yet. My wife submitted Form I-130 Petition for Alien Relative to request me as her husband at the beginning of this year 2023. The request was approved 3 days ago by the USCIS and now the request was sent to the NVC for further revision. Form I-465 hasn’t been submitted yet. What should I do now to move forward with my immigration process in Colombia as a husband to a U.S. citizen and be able to go back to the US in the near future?
If you are processing the case in Colombia, and you are currently there, I think you need to continue the process at the NVC. The NVC should send the case to Bogota, where it should be processed. In your case, you may need to explain why you filed for asylum, why you returned to your home county, and whether your asylum case was legitimate. The Embassy could be suspicious because you filed an asylum case and then returned to your country, and so they might think that the original asylum case was fake. If they reach that conclusion, then you would be barred from obtaining a GC based on marriage (and also barred from almost all other immigration benefits). I guess you can try to withdraw the asylum case now (as discussed in the above article), but that will not erase the fact that you previously filed for asylum and that you could still have problems if the US government concludes that your asylum case was fake. I would talk to a lawyer to review the specifics of the case, as there are some real issues here, and they will depend on the specific situation. Take care, Jason
Thank you Jason. I truly appreciate your insights about my case.
Sorry for resurrecting an old thread, but I have a somewhat similar case. My wife is from Colombia and entered the US without inspection in 2021 and was placed in removal proceedings. She filed for defensive asylum (which was the reason she came to the US in the first place). Circumstances changed back home (the person who threatened her life was killed), so she returned after having been in the US for less than 180 days.
I met/married her after she returned to her home country. We filed for I-130 consular processing, and while waiting for approval, we were able to get the immigration judge to terminate her removal proceedings without prejudice. Now we’re at NVC waiting for the embassy interview.
I’m concerned that my wife’s previous attempt to claim asylum will come back to haunt us at the embassy interview. She had a legitimate reason for doing so, but of course I realize it may look suspicious to the consular officer. Should I anticipate there being a tough interview?
I would consult with a lawyer who does consular cases, as that is not really my area. I think the first question is whether she has any bars to asylum – for entering the country without inspection, for example. Assuming she does not, it would be fair for them to ask her about the asylum case and so I think she should have some evidence about the reason she fled and the reason she was able to return to Colombia. This might just be letters from people who know about the situation, but if she has some evidence about the threat she faced and the fact that her persecutor has died, it would be good to have that in case it is needed. Take care, Jason
Sorry for hijacking an old thread, but I have a very similar case. My wife is from Colombia and entered without inspection in 2021 and was placed in removal proceedings. She filed for defensive asylum (which was the reason she came to the US in the first place). Circumstances changed back home (the person who threatened her life was killed), so she returned after having been in the US for less than 180 days.
I met/married her after she returned to her home country. We filed for I-130 consular processing, and while waiting for approval we were able to get the immigration judge to terminate her removal proceedings without prejudice. Now we’re at NVC waiting for the embassy interview.
I’m concerned that my wife’s previous attempt to claim asylum will come back to haunt us at the embassy interview. She had a legitimate reason for doing so, but of course I realize it may look suspicious to the consular officer. Should I anticipate this being a tough interview.
Hi Jason,
I have pending asylum case and is it fine if i travel third country on Travel document?
Will it be a problem while return US ?
You would need to travel using your passport and Advance Parole. I wrote about this on September 11, 2017. Using your passport could have a negative effect on your asylum case, and so you should be able to explain why you used a passport from a country that wants to persecute you. If you fear non-state actors, this is obviously easy to explain. I have had clients travel this way, and so far, it has not been a problem for any of them, but you should be prepared to explain, just in case you are asked. Take care, Jason
Hey, I am currently a student on an f1 visa. I have also filed an asylum application, which is still pending. My TPS application was also approved. I wish to cancel my asylum and apply for Advance Parole through my tps. Is there a risk involved for re-entry back to the United States even if I obtained my AP through tps?.
You do not need to withdraw the asylum to apply for AP based on TPS, but I guess you can if you want. I would provide evidence to the asylum office of your TPS and/or F-1 status. Otherwise, they may send you to Immigration Court. Also, if you plan to return to your country when you travel, do note that withdrawing the asylum does not erase the fact that you filed for asylum. If the return trip causes the US government to think that your asylum case was fake, it could affect other immigration applications. I wrote more about returning to your country on January 6, 2016 (in a different context, but that post may give you some ideas). Take care, Jason
Jason,
My family appreciate you for being a free legal advisor to the community. God bless you!
My spouse and I have separate asylum applications. I am a dependent on his case which got approved recently. Can l witdraw my asylum application citing my statua change based on his approval?
Yes – there is probably no reason to continue your case, but if you think there may be a reason to continue your case, I guess you can do that. However, if you are now an asylee dependent, you can also withdraw your own application, as discussed in the above article. In general, in this situation, it probably makes sense to withdraw, but that is not required. Take care, Jason
Hi Jason,
I have pending asylum case since 2016 no interviews yet.
I applied for marriage green card this year, and received combo card (EAD+AP), I have not received my green card yet.
I plan to travel to my home country. Would there a problem with returning to the US? (I understand there is risk of persecution in home country) should I withdraw my asylum case before I leave the US? or wait until I receive my green card?
Thank you!
I think there is a real risk here – if the return trip causes USCIS to conclude that your asylum case was fake, they can deny asylum and deny the GC based on marriage. Unless this is absolutely necessary, I would not go to your home country until you at least have a GC. I wrote about this in a slightly different context on January 6, 2016, and that post may give you some ideas. I doubt you will have trouble re-entering the US (though it is not impossible), but you may have trouble at the marriage interview or the naturalization interview. At a minimum, you should be prepared to explain why you returned and how you stayed safe. I do not think withdrawing the asylum case will help here, and if you withdraw before you have the GC, you could be sent to immigration court, which will result in a lot of delay and expense. Take care, Jason
Hi Jason,
I recently withdrew my asylum case and I actually got an I797C notice of action from USCIS. The notice says that “*** ADMINISTRATIVE TERMINATION (C3) ***
Your Request for Asylum in the United States (Form I-589) was received for processing on XX/XX/XXXX.
In accordance with your request to withdraw your application from further consideration, your case has been terminated.
Does it mean my asylum case has been withdrawn and closed successfully? Is there anything I need to follow up with USCIS? I already received my green card via EB2 earlier this year and I plan to leave US and travel internationally (not to my home country though) this December.
Thanks in advance!
Best,
Tori
It sounds to me like the case is done. I would definitely keep a copy of that document, so you have proof about that, but otherwise, I think there is nothing more to do. Take care, Jason
Thank you Jason! I also have received an update from USCIS online case tracking this morning and it says “application was closed”. I will keep a copy of the notice and thanks for helping!
Best,
Tori
Hola buenas noches , que tiempo duro ese proceso de desestimación ?
It is different for different cases. It can take a few days, but it usually takes a few months. Sometimes, you need to contact them a second time to get them to withdraw the case. Take care, Jason
Hi Tori,
How long did it take from the moment you withdraw the asylum case until you received confirmation from USCIS?
Hi Jason,
I abandoned my asylum in the US after 3 years of waiting and returned home due to a personal emergency. I didn’t close my case officially because I read somewhere that if I left voluntarily, and without a travel document, my case is considered abandoned and closed. There’s been no word from uscis since then. I tried checking online and can’t even find my case.
I am now a Canadian citizen. My question is, Will I have trouble crossing the border into the US? I didn’t overstay my visa before I applied for asylum
The case is probably still pending, since cases are not automatically withdrawn when you leave. What will eventually happen is that they will call you for an interview, you will not attend (because you are not here and they will mail the notice to your old address), they will deny the case and refer you to Immigration Court, where you will again not attend, and then the judge will order you deported. This will make it much more difficult for you to visit the US in the future. You can avoid these issues by withdrawing the case, and I recommend you do that. The above article describes how to do it. Take care, Jason
Will i need to file form 1040-c, Sailing permit for departing Alien, before i leave the country as an asylum seeker.
Also will i face problems at the airport while leaving the country, when i have a pending asylum case that i have not withdrawn, and going back to home country of persecution?
I do not know about the form 1040-c, and so I cannot answer that. If an asylum seeker leaves, there should be no problem. I do recommend you withdraw the asylum case after you leave (as discussed in the above article). This should make it easier to return one day if you ever want to come back. Take care, Jason
Thank you for your response Jason.Now i also read that DHS receives list of passengers travelling out of the country through Passenger Name Record (PNR), and that they can always schedule your assylum interview at short notice when the get wind of your planned departure.How true is this, especially if you have departure date in one month’s time?
Hello Jason,
I hope this comment will benefit your readers, as I’d like to share my experience with them. Additionally, I have a question that I hope you can help me with.
Recently, I achieved online approval for my Green Card, marking the end of a process that began with my arrival in 2015 on a student visa. I subsequently filed for asylum in 2016, but for the last seven years, I haven’t had an interview regarding the matter.
Recognizing the challenges posed by holding a weak passport and unable to travel to a third country without a visa, I sought my employer’s sponsorship for an H1B visa. Concurrently, I began the process for Permanent Residency (PR) in Canada, and fortunately, I was able to secure both Canadian PR and an H1B visa in 2022. It was a lot of planning/struggle.
Upon entering with the H1B, I had my employer initiate an EB2 petition on my behalf. This was done in parallel, and I recently had my Green Card approved through Adjustment of Status (AOS) without an interview. While I’m elated, I’m holding my breath until I physically have the card.
Given that I no longer wish to pursue the asylum case, I’m seeking your advice on the next steps. Would it be appropriate to use the template provided in the article above and send a mail to the asylum office to withdraw my case?
I appreciate your guidance.
Best regards,
Tori
If you have Canadian PR, you would not qualify for asylum anyway, and if you have a GC, you do not need it, and so I think it would be a good idea to withdraw. The template in the article should help, and hopefully, they will respond to you and withdraw the application. Take care, Jason
Thank you for your response Jason.Now i also read that DHS receives list of passengers travelling out of the country through Passenger Name Record (PNR), and that they can always schedule your assylum interview at short notice when the get wind of your planned departure.How true is this, especially if you have departure date in one month’s time?
I have never heard of that, and I doubt they are that coordinated. I guess if you left and an interview was scheduled quickly, you could contact the asylum office before the interview and inform them that you are outside the country and want to withdraw the case. Take care, Jason
Hi Tori,
Hope all is well! I saw your posting and I have similar case as you. I am curious if you have filed your withdraw letter to USCIS and if so, did you receive a confirmation from USCIS?
SO is it possible to get processed for Canada even with a pending asylum case?. Your response will help
thanks
Hey Jason!!
If your mother is an asylum and she got her greencard and you all came to the US through her and after a few years she became a citizen, do you as her children, while you have greencard, your risk to return to your country of origin has lapsed?? You will no longer have the risk of returning to make a tour in your country of origin?? and if you later apply for citizenship, will your traveling to your country not cause you problem??
I’ve heard that if she get her citizenship your greencard become a normal and you’ll not justify your trips to the immigration for going back to your country. Cause the process will become normal, if you put on the citizenship application countries that you travelled and your country is included it won’t have any issues is that right or not JASON.
After withdrawing asylum case at asylum office can i still put my receipt number and track it. Will it still show next step is interview or case is closed or something . How do i know my case was withdrawn. When i check it online it says next step is interview. Does this mean my case is not withdrawn yet thanks
I do not know whether the online system will reflect that the case was withdrawn, but I would think so. It often takes them some time to withdraw a case, and if they withdraw, they should notify you. You can send the Asylum Office an email to follow up – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason,
I’m an asylum pending applicant from since a year and at the same i have my active F-1 (OPT) non-immigrant status, so
Can i withdrawal my asylum application since i have another legal non immigrant status?
Can i continue my non-immigrant status?
And can i travel on H1 VISA after i withdrawal asylum?
Will be there any problems at port of entry even-though i have legal status ?
When you filed for asylum, that arguably violated your F-1 status, since you expressed an intent to remain permanently in the US, which is not allowed for students. Whether USCIS would consider you out of status if you withdraw, I do not know (though I suspect they will consider you in status, I am not sure and you may want to have a lawyer look at that). If you can fist change to an H1b visa, you should not have any trouble, since the H1b is “dual intent,” meaning that even though it is a non-immigrant visa, USCIS does not care if you also have an intent to remain here permanently. In terms of traveling, the fact that the asylum case was withdrawn (assuming you withdraw) does not erase the fact that it was filed, and so if you return to your country, that could cause USCIS to think that the asylum case was fake, which can cause big problems. Even traveling with your passport is potentially an issue, though that is usually ok – I wrote more about this issue on May 25, 2022 (it is in a different context, but the idea is the same). Take care, Jason
Ok, so you think there will be no problem if i withdrawal asylum after i got H1B?
if i travel on H1 out of USA (not home country) would be any problems while return?
Unless there is some reason for the US government to suspect fraud, there should not be a problem related to the asylum case. If you have 6 months or more of unlawful presence, criminal issues or other immigration issues, those could be a problem and if you think there might be such an issue, talk to a lawyer about how to proceed (of course, if you have such issues, it is unlikely you will get an H1b visa in the first place). Take care, Jason
Can travel outside of the US (not home country) on H1 Visa after withdrawal asylum ?
Unless you have some other issue (criminal or immigration problem), travel should be fine – the asylum case should have no effect on your ability to re-enter the US on the H visa. Take care, Jason
Hey Jason,
Thankyou so mcuh for your helpful information.
Can you plz elaborate little bit more what do mean of Immigration problems ?
I think it is very unlikely, but if the return trip causes the US government to suspect that the asylum case was fraudulent, I suppose they could charge you with an immigration fraud, which could potentially result in deportation. While I think that is very unlikely, even if they make an allegation against you, it will result in a lot of stress and potential expense. If you are prepared to explain your travel and how you stayed safe, that will help avoid this problem in the unlikely event anyone asks. Take care, Jason
Hey Jason,
As i mentioned before since I’m a pending asylum I want to clear couple of things
1. If my asylum didn’t approve and get a deported notice will it effect in future if I want to apply VISA for another countries (not USA)
2. And also can i apply now for Canada 🍁 tourist VISA from US and can i send my passport for stamping. Will it be a problem bcuz of asylum pending status.
3.
1 – I doubt it, as most other countries would not know whether you filed for asylum. 2 – You can try, but Canada and the US do share info about asylum and so I think it may be difficult to get a visa. Take care, Jason
Please disregard the last comment.
I was in USA in 2021. Me and my family we applied for asylum. My wife was the main applicant but due to some circumstances we had to come back to our home country even before doing the biometric fingerprints.
And we applied for case withdrawal and it has been already withdrawn. And I have the termination letter.
My question is:
My wife’s visa is supposed to expire in 2024
if we decide to come back to the US this Summer, will there be any problems in the airport ? Or could the former asylum case impact or cancel her valid B1/B2 visa ?
Thanks for your support.
I was in USA in 2021. Me and my family we applied for asylum. My wife was the main applicant but due to some circumstances we had to come back to our home country even before doing the biometric fingerprints.
And we applied through you for case withdrawal and it has been already withdrawn. And I have the termination letter.
My question is:
My wife’s visa is supposed to expire in 2024
if we decide to come back to the US this Summer, will there be any problems in the airport ? Or could the former asylum case impact or cancel her valid B1/B2 visa ?
Thanks for your support.
Please disregard the last comment.
was in USA in 2021. Me and my family we applied for asylum. My wife was the main applicant but due to some circumstances we had to come back to our home country even before doing the biometric fingerprints.
And we applied for case withdrawal and it has been already withdrawn. And I have the termination letter.
My question is:
My wife’s visa is supposed to expire in 2024
if we decide to come back to the US this Summer, will there be any problems in the airport ? Or could the former asylum case impact or cancel her valid B1/B2 visa ?
Thanks for your support.
I really do not know whether the B visa is cancelled or whether she/you will have a problem at the airport. I think it is possible that you will. I am not sure how to know an answer to this before you travel. Maybe you could contact the US embassy in your country to see if they can assist. If she/you did not previously violate the visa status by overstaying your time in the US, maybe you will be ok, but I do not know for certain. You might talk to a lawyer who knows more about consular and visa cases, and maybe that person can assist. Take care, Jason
Dear Jason,
I see that Asylum Office has stated on the website not to include sensitive information such as SS/n and A Number in the header or body of the email unless encrypted or password protected. Can I mention my A number as A#******123 and my receipt number as ZCH*******123 or do you suggest writing them fully in the email? I am sending the email for a withdrawal request. Thanks.
I had not seen that and I always send the A number in the header of the email. Without that, I am not sure whether they can match your email to the case. I guess you can try sending your name and the last 3 digits of your A number. Presumably, they match the email to the case that way. You can try, and if it does not work, I guess you can send more information. Make sure to use your name exactly as it appears on your asylum receipt. Take care, Jason
Hi Jason, i have a pending asylum case and I’ve just received my GC based on marriage
Now i want to withdraw my asylum case, so
1. Is it easy to email the asylum office by myself to withdraw it or need to go thru my attorney for sensitive info explanation ?
2. While waiting to withdraw it, can i go back home for visit and back avian without problem or should just wait to drop it first ?
3. if i want back home After withdrawal the case still going to be issue when i come back to us again?
Thanks for advice.
1 – Certainly, you should let your lawyer know, but you can withdraw the case yourself – you can find their email if you follow the link under Resources called Asylum Office Locator. 2 – If you plan to visit your home country, you should be careful. I wrote about that on January 6, 2016, and even though that post is for asylees, the same principles apply to you. The fact that you withdrew your asylum case does not erase the fact that you filed for asylum, and so returning to the home country could raise issues about whether your asylum case was fraudulent, and you should be prepared to answer those. 3 – See # 2. I doubt you will have a problem, but there is no guarantee and it depends on the specifics of your case. Take care, Jason
Hi Jason, I just got married and filing for spousal
Chaneg of status and me and my spouse, want to cancel my asylum case. I have a hearing 06/10/23 that is in couple of weeks is that possible? We can’t afford it , we just had a baby.
Your reply is much appreciated.
If this is a court case, you cannot cancel it; you need to attend and ask the judge for more time so USCIS can process the green card case. I wrote about this on August 8, 2018. If the case is at the asylum office, you can email them as discussed above and try to withdraw the case, but unless the GC is approved, they probably will not do that and you will be forced to attend the interview. Unfortunately, they do not seem willing to cancel or delay asylum cases where a person has a GC application pending. You can ask, but you should also prepare for the interview and attend the interview. If you get a decision in the GC case before you get a decision in the asylum case, you can try to withdraw the asylum at that time. Take care, Jason
Hi, I have applied for asylum 2 years ago, and it is in pending status. In the mean while I have I-140 approved and have recently applied for change of status I-485. My J1 student visa is still valid.
Are there any risks if I withdraw my asylum application as I’m looking to visit my family in my home country once my I-485 is approved?
Assuming you get a green card, you can withdraw your asylum case. However, this does not erase the fact that you filed for asylum, and if the return trip causes the US government to suspect that the asylum case was fake, it could create problems for you. You should be prepared to explain why you returned and how you stayed safe. I wrote more about this on January 6, 2016 (this is for asylees who return home, but the issues are similar). Take care, Jason
Hi Jason,
I appreciate your feedback. My question now is: should I withdraw my asylum application now while my I-485 is pending or wait on the withdrawal until I have green card.?
I really want to visit home as soon as receive my GC as one of my family members is sick. My concern if I withdraw the asylum application after my GC, that will take longer time and I have to wait more for the decision.
I do not think it takes longer to get a GC if you also have an asylum case, but I am not certain about that. For my clients, I advise them to get the GC first and then withdraw, as that is safer (if the GC is denied, they still have the pending asylum). However, if you have an urgent need, you will need to decide what to do. You can go to the home country even with the asylum case pending. I do think this is more risky, as they could accuse you of fraud and also, if you end up doing the asylum case, you will most likely be denied asylum. But if you have a good reason for returning (which it seems you do) and you can explain how you stayed safe, you could still potentially win the asylum case and avoid any accusation of fraud. Take care, Jason
Hey Jason!!
If your mother is an asylum and she got her greencard and you all came to the US through her and after a few years she became a citizen, do you as her children, while you have greencard, your risk to return to your country of origin has lapsed?? You will no longer have the risk of returning to make a tour in your country of origin?? and if you later apply for citizenship, will your traveling to your country not cause you problem??
I’ve heard that if she get her citizenship your greencard become a normal and you’ll not justify your trips to the immigration for going back to your country. Cause the process will become normal, if you put on the citizenship application countries that you travelled and your country is included it won’t have any issues is that right or not JASON.
Whether she becomes a citizen or not, it does not erase the fact that she applied for asylum. If your return trip causes the US government to believe that the original asylum case was fake, it could create problems. However, the likelihood of this happening is extremely low. First, the US government seems not to care whether asylee dependents return to the home country, as they are only concerned about the principal. Also, once she is a citizen, it would be very difficult to take that away. In short, it is very unlikely that a return trip by a dependent will cause any issues or raise questions. That said, it does not hurt to be able to explain why you returned and how you stayed safe, so you are ready in the very unlikely event that anyone asks. Take care, Jason
Hi Jason,
I appreciate your feedback. Should I withdraw the asylum application now while I-485 is pending or wait until I have my I-485 approved and receive my GC?
My concern is that If I wait until I receive my GC then apply for asylum application withdrawal that would take longer time for the decision to be made.
One of my family members is sick and I really need to go visit once I receive the GC.
I do not think it takes longer to get a GC if you also have an asylum case, but I am not certain about that. For my clients, I advise them to get the GC first and then withdraw, as that is safer (if the GC is denied, they still have the pending asylum). However, if you have an urgent need, you will need to decide what to do. You can go to the home country even with the asylum case pending. I do think this is more risky, as they could accuse you of fraud and also, if you end up doing the asylum case, you will most likely be denied asylum. But if you have a good reason for returning (which it seems you do) and you can explain how you stayed safe, you could still potentially win the asylum case and avoid any accusation of fraud. Take care, Jason
Hi Jason,
Thank you for your article and comments here. I applied for asylum last year due to fear of potential political persecution in my home country. I worked for a group considered political dissent in my home country, so I filed for asylum. My boss is also someone the government publicly considered as a dissent. However, it seems that my government has never found out my activities(there are some evidence for that), and I want to go home and see my family because they are sick. I have a valid F-1 visa and intend to continue my studies in the US after my home visit. Do you think I can withdraw my asylum case, if I quit my job? Do you think if I withdraw my case I can come back and enter the US to continue my studies? Thanks!
I think even if you withdraw your asylum application, there is a risk to leaving and returning. The problem is that the F-1 visa is a non-immigrant visa, meaning you have to promise to leave once you are done. You filed for asylum, which means you expressed a desire to stay permanently. This is a conflict, and even if you withdraw the asylum, the US government may still view it as a conflict. Maybe a better approach is to file for Advance Parole (which unfortunately takes a long time, but you can try to expedite) and use that to travel and re-enter, or at least have AP as a back-up plan if you cannot re-enter on the F-1 visa. I wrote about AP on September 11, 2017 and expediting on January 29, 2020. Maybe those would help, but maybe also talk to a lawyer about the specifics to see what is the safest approach or to at least have a better idea about the risks. Take care, Jason
Thanks! However, wouldn’t withdrawing my asylum application look like a sign that i do not have immigration intent? Like I would choose to give up this opportunity because my fear is probably resolved?
I think that is possible, but I don’t know if it is sufficient. My guess is that if already have a valid visa in the passport, you will probably be able to return to the US, but if you need a new visa, that may be more difficult to get. Also, I do think there is some risk even if you have the visa in your passport. How much the risk would be, I do not know. If you got AP based on pending asylum, I think there would basically be no risk – and so this approach is safer (though it may take a long time to get AP and you would need to keep the asylum case alive). If you withdraw the case and you run into trouble, you can argue that you no longer have a fear of return and that you should be allowed into the US since you no longer have an immigration intent, but whether this argument will succeed, I do not know, and honestly, I have my doubts. I do think it may be worth talking to a lawyer about the specifics of the situation, but I do not know that you will get a definitive answer, since much of this may depend on the officer who inspects you upon return. Take care, Jason
Thank you very much! I am also exploring the options to get a permanent residency in a small, underdeveloped, but democratic country because I could run there as the last resort if I run into any trouble in my home country. Is that something convincing to say when I withdraw my asylum case in the United States and come back a few months later to continue my academic studies? Will that erase the “sign of immigration intent”? Thanks!
I think nothing will erase the fact that you filed for asylum, and so you will need to provide convincing evidence that you do not intend to immigrate to the US. Whether it will be possible to get a student visa, I do not know, but school and some lawyers do such visas and so maybe they can help you prepare a strong application. Take care, Jason
Hi Jason,
I applied to Asylum in 2017 based on religious conversion and fear from my government and my brothers. I was interviewed the same year however no decision was issued on my case for 2 years. In 2019 while I was still on F-1 status and pending asylum I applied and adjusted my status based on NIW and consequently, I withdrew my Asylum case. I have not traveled to my home country since then, however, my mother is sick and close to her end days and I want to go and meet her. I am not feeling a real threat back home since I will just have a short visit, keep a low profile, and not practice my religion there. Even if I face a problem back home I would rather go and meet my mother and deal with the threat than regret it all my life. Do you foresee a problem with the entry port when I travel back to the US? My green card is not based on Asylum; however, my withdrawn application might appear. Does port of entry officers care about people with withdrawn applications? Most importantly, do you think I might have a problem when I apply for naturalization in the future? Have you seen people with withdrawn asylum cases face problems in naturalization if they travel back to their home country?
I have had clients travel home and no one has had any major problems, been blocked from entering, or blocked from citizenship. However, you should be prepared to explain why you went and how you stayed safe, in the event that you are asked. I wrote more about this on January 6, 2016. Take care, Jason
Hi Jason,
I have been on a G-4 visa for about 7 years and I applied for asylum last year based on the fear of persecution due to the regime change in my country. Given the circumstances with work, family matters and long processing time, I am considering of withdrawing the application if my home country passport, which is expiring very soon, can be renewed. I do not intend to travel to my country but use my home country passport to travel. When would be the best time to submit my withdrawal? If my passport is renewed, can there be any problems with renewing my G-4 visa given that I filed for asylum?
If I don’t withdraw asylum application, am I eligible for EAD? I would like to have an EAD in case I want to get a job outside of the organization that provides my G-4 visa. Thanks a lot for your valuable advice.
If you are still in lawful G-4 status, you can withdraw the case at any time – make sure to provide evidence to the asylum office that you are still in valid status. Otherwise, it is best to withdraw after you leave the US; otherwise, you could be sent to Immigration Court. In terms of the EAD, you can apply for that 150 days after the asylum case was received, assuming you have not caused any delay by missing an appointment (and of course, assuming that you did not withdraw the asylum case). Take care, Jason
Hola! Ante todo reciba un cordial saludo.
Tengo una solicitud de asilo junto con mi hijo, yo necesito regresar con urgencia a mi país de origen pero mi hijo se queda, que debo hacer para que mi partida no afecte a mi hijo
Sorry, my Spanish is not enough to answer in Spanish, but your child could file his own own case for asylum. Note that if he was a dependent on your case and now wants to file his own case, he should probably file at the Asylum Vetting Center in Atlanta, GA – check the Special Instructions on the I-589 web page at http://www.uscis.gov. Take care, Jason
Hi Mr Dzubow, why would you advise to wait until leaving the country to withdraw the asylum application? Would this not cause more issues with potentially returning to the US especially if I am leaving back to my home country?
Because if you withdraw the application while you are still in the US, they will potentially send you to immigration court unless you have some other status to be here lawfully (like H1b or F). If that happens, you could ultimately end up with a deportation order, which bars you from returning to the US for 5 or 10 years. Take care, Jason
Hey Jason,
My husband and I have just received an approval for I 130. We are now planning on filing for I 485 but have a pending asylum case with a hearing in 2025. We have been recommended different things by different lawyers. Should we be withdrawing our asylum case and then filing for I485, should we do it simultaneously? If we do it simultaneously will it be the courts making the decision? I did see you recommend for the client to have the green card prior to withdrawing the other case, but how can that be done? Our lawyer advised us that we want to withdraw the case and then file the green card, what would you recommend?
Thank you so much Jason for your response.
When I recommended getting the GC and withdrawing the case, that was for someone at the asylum office; not in court. Assuming DHS (the prosecutor) and the judge agree, I normally dismiss the case and file the I-485 with USCIS, as your lawyer has suggested. If they will not agree to dismiss, you can file the I-485 with the court and the judge can give you a GC, though many judges will not do that and will force you to dismiss. It really depends on the specifics of the case and the judge, and if your lawyer has recommended dismissal and then filing for the GC, that sounds like a good plan. I wrote more about this on August 6, 2018 if you are interested. Take care, Jason
Hi Jason,
I have a pending asylum application for years. I have obtained my marriage-based green card recently. I want to travel to a third country to meet and greet family members. Should I withdraw my asylum case before leaving the us or it does not matter? Will it be automatically withdrawn if I leave the US? I am planning to withdraw it soon but I have heard it takes months to be withdrawn and I have to travel in a week. Thanks.
The time to withdraw is not predictable, and it could be done quickly. I would get the process started, but if you have a valid GC and are not returning to your home country, I doubt this would be an issue for you. If your asylum case states that the government wants to persecute you, maybe you want to be prepared to explain why you used a passport from that government, just in case you are asked. Take care, Jason
I wanted to inquire about traveling outside of the United States while my asylum application is pending. I’m traveling to Ethiopia. I already have my green card through EB-2 NIW and also submitted an application to withdraw my asylum application three years ago. However, I have not received a decision on my application yet. I’ve received a receipt of confirmation.
I am planning to travel to my home country for two months and return to the US. Could you please advise me on any issues that may arise from my travel outside of the United States while my asylum withdrawal application is pending? Should I be concerned about traveling at all? Also, do I need to carry any additional documentation with me during my travel?
The concern is that the return trip could cause the US government to believe that the asylum case was fake, and this could have immigration consequences. If you can explain why you traveled and how you stayed safe, you should be ok, but there is no guarantee. I wrote more about this on January 6, 2016. I think you should also contact the asylum office again and ask about withdrawing, as it should not take 3 years for them to do that (though even if the case is withdrawn, it does not change the fact that you had filed for asylum and so you still need to be careful that the US government does not believe that the asylum case was fraudulent). Take care, Jason
Jason, Thank you so much for your prompt reply and valuable insights regarding my asylum case. I truly appreciate your expertise on this matter. As you might know, the country’s condition has changed since I initially came to the USA during the EPRDF regime. I no longer have any fear of persecution from the current regime. Does the change in the country’s condition matter for the return trip? My trip is also short. I’ll also follow your suggestion to contact the asylum office again and inquire about withdrawing my case, as it has been an unusually long time. Thank you once again for your guidance and support. Please take care as well!
I think it is unlikely that you will have problems, and while it seems to me that in many ways, country conditions are worse now than before, that will not be known to most USCIS officers. And also, while it may be worse for some, it is probably better for others. So I think you can explain the return trip in terms of changed country conditions as well. I have had many clients return to the home country, and no one has had any real problems, but if you are prepared to explain the trip, you will be ready just in case. Take care, Jason
Thanks for your response, Jason. What about if the country’s condition has changed significantly? I came here during the old regime and now a new regime is in place. My fear of persecution was based on the old regime.
I apologize for the confusion. Please disregard my last comment/question as I missed your reply. That’s why I repeated the question.
Thank you so much for your super helpful response to my question! I really appreciate all the effort you put into creating this amazing platform, and for taking the time to share such relevant content with us. Thanks again!
That sounds like a good explanation for why it is safe to return. Take care, Jason
I think I read something along the lines of leaving the country first before applying for the withdrawal makes things easier then being present in the US and going through the withdrawal process?
If you withdraw a pending case while you are in the US and have no status, you will be placed in removal proceedings and eventually ordered deported, which makes it hard to return. That is discussed more in the above article. Take care, Jason
Hey! Thank you for the article! I have a question. I am asylum seeker with my mom. Our cases got united. It’s been 3 years and still pending. I want to leave US for forever to live in a different country. My mom decided to stay here. So my question is: what do I do now? Shall I let the uscis now that I am leaving? And what the procedure in the airport? Will I get deported and how long it takes, so I can arrive at the airport early. I have a SSN and work permit, so I stay here legally. Thank you so much for the advice!
You can leave at any time. There is nothing to do at the airport. If your case is in court and you leave, you will be considered deported, and that normally comes with a 10 year bar to returning (there could be other bars as well). If you are at the asylum office, your mother can inform the asylum office that you left and provide evidence (as discussed above), and hopefully this will avoid a deport order so you can return some day if you ever want to. Take care, Jason
Hello my husband has his asylum interview next month however I am his US Citizen Wife and was wondering if he could withdraw his Asylum case since we are doing I-130. Our I-130 case hasn’t been decided yet which is pending. I want my husband to get his green card through marriage and not asylum so is it fine to withdraw? Thank you for the answer!
Unless he currently has some status (for example student visa or work visa), they will typically not allow a person to withdraw a case and if he does withdraw, they will likely send him to Immigration Court, which will create more difficulties. You can email them to ask about postponing the interview – maybe if you had more time, the GC case would get approved – you can find their email if you follow the link under Resources called Asylum Office Locator. Otherwise, he probably would need to attend the interview. There are often long delays after the interview, and so if he gets the GC during this wait, he can then request to withdraw the asylum before his decision. Take care, Jason
Hey Jason!!!
I am resident with As8 greencard category. I want to return this year to do the politics in my country since also the regime has to change, how can I do not to lose my greencard? do I have to start coming back to the United States after how long to not lose my greencard even if I want to reapply or if I also decide to get a citizenship??? it will not affect also when i want to apply my citizenship?? because it was my mother who had fled the country. We came because she declared us and she’s now a US citizen. What would you advise me to do Jason in my case.
I wrote about returning to the home country after a grant of asylum on January 6, 2016 – maybe that would help. For all GC-holders, if you leave the US for 6 months or more, you take a risk that the US government will consider your GC abandoned and you will lose your status here. You can show that you did not abandon your residency with evidence of your connection to the US (address, job, assets, family members), but it is a risk, and that risk increases the longer you stay out (if you are out for 1 year or more, the presumption is that you have abandoned your status and so you will have to convince the US government that you did not do that). One solution is to get a Re-Entry Permit, form I-131, available at http://www.uscis.gov, which is valid for 1 or 2 years (depending on how long you had a GC before you get the permit) and allows you to remain outside the US and return for as long as the document is valid. In terms of citizenship, there are resiency requirements to get that, and any absence of 6 months or more could cause significant delay – you need 5 years of residency to get citizenship, and if you leave for 6+ months, it may cause the 5-year clock to re-start, and you will need to start counting the 5 years from the date you return from that trip. I think if you plan to spend significant time outside the US, you should consult a lawyer first, so you know what you can and cannot do, and so you can avoid losing your status here. Take care, Jason
Hey Jason!!!
My mom took us to the Us as an asylum, she gets her greencard and declared us in the Us, after a while she gets her citizenship and I didn’t still apply for my greencard yet, is my greencard process cancel because she gets her citizenship or I can still apply to get my greencard because I’ve money with me. I’ve 5 years in the United States
Hey Jason!!!
My mom took us to the Us as an asylum, she gets her greencard and declared us in the Us, after a while she gets her citizenship and I didn’t still apply for my greencard yet, is my greencard process cancel because she gets her citizenship or I can still apply to get my greencard because I’ve money with me. I’ve 5 years in the Us
If you were a dependent on your mothers and if she is now a citizen, but you still only have asylum status, you are no longer eligible to get your Green Card. Instead, you need to apply for asylum “nunc pro tunc,” which allows you to get asylum in your own right (as opposed to now, where you are a dependent on your mother). Once you have that, you can apply for the GC. The process is slow and annoying, but a starting point is the form I-589, available at http://www.uscis.gov. Look at the “Special Instructions” on the I-589 web page. Also, I did a post on February 10, 2022 where I discuss this a bit (near the bottom). Take care, Jason
Omg!!! Could you please help me and be my Lowyer to proceed my case so that it can do everything a little bit faster?
Cause I don’t know where to start Jason.
Here is my phone number please [redacted]
I took out your phone number as I do not think it is a good idea to make that public. In terms of the case, no lawyer (including me) has much power to make a case faster – we can ask, or in some cases, file a mandamus lawsuit, but that is about it (and I do not do mandamus lawsuits). That said, if you wanted to contact me, it is best to email: jdzubow@dzubowlaw.com. Thank you, Jason
I applied for asylum in 2015 and at that time my child’s age is 17, but did not get an interview, I withdraw my case and go to court, during this time, my child’s age is more than 25, does it mean the age freeze policy is not suitable for him anymore since we withdrew the case? Thank you
I am not sure what you mean by “withdrew” the case, but if the asylum case ended, then your child would not be able to be your dependent any more, since the child is over 21 years old. But if the asylum case was referred to court, maybe the child remains a dependent. I cannot tell from your message, but if you go to court, you should have a lawyer to help you, or if not, you can ask the judge about that. Take care, Jason
Hi Jason, Thank you for the good work you do. My spouse and I have a separate pending asylum case, and we are derivatives on each others case. My spouse and kids got their EAD based on my asylum application’s, if I withdraw my asylum application and leave the USA (not to my home country), can my spouse and kids maintain their EAD or they should apply by their own?
I don’t have any unlawful presence in USA, can I apply for a B1/B2 visa in a third country after I withdraw my asylum application? How should I convince the visa officer because my family is still in the USA, but my business is in the third country where I intend to work
Can a person with pending asylum application also apply for TPS (my country is on TPS)?
What will happen when I withdraw my asylum application after TPS approval?
I have pending application for advance parole based on asylum, should I apply for advance parole based on pending TPS
Thank you in advance for your response
If you leave the US, your case will still continue (at least until they schedule an interview and you fail to appear), and so the EADs will still be valid. However, they would probably be better getting EADs based on your spouse, assuming the spouse remains in the US. If you withdraw asylum and try to get a B visa, I think you will have a very difficult time. you have to show that you do not have an intention to remain in the US, so maybe showing a job or property in the new country will help, but you might want to talk to a lawyer who does non-immigrant visas, since I think this will not be easy. If you get TPS, maybe that is a better solution, since it is easier to get AP based on TPS than based on asylum. AP would allow you to travel outside the US and return. I do think you should talk to a lawyer, as this is a bit complicated and you would do well to have someone review the specifics of your situation. Take care, Jason
Hi Jason,
Happy New year.
Jason I’m asylum based green card. Can I travel to Canada for one day trip without using passport are travel documents.
Thanks.
Justin
I believe you can try to Canada with only a GC, but I am not certain – the Canadian embassy website should give info about that. In terms of returning to the US, the GC should be enough. Take care, Jason
My asylum case is pending for 5/6 years. I came to USA with my mother when I was 14 years old in 2000.
My parents and all my 4 siblings all are US citizen except me.I am now 36 years old.my immediate elder sister is an Asylee who is a citizen now. My all 3 siblings live in different states. 3 years ago I have been appointed by DPSS as a Caregiver of my old sick parents who are sick with many health issues, my dad is 80 and mom is 72 years old. They will not survive for a single day without my help. Is there any way I can a legal status as a Caregiver of my old sick US citizen parents ?
I do not know of a way to do that. If you are in Immigration Court, you may be eligible for Cancellation of Removal (talk to a lawyer about that). But if you are not in court, I know of no way to get permanent status because you are a caregiver. If they have not done so, one of your parents can file an I-130 petition for you. Maybe you want to talk to a lawyer about the different options, to see if there are any other ideas that might work. Take care, Jason
Hello,
I’m thinking of filing mandamus lawsuit, I’m so tired and depressed my interview was in 2017 also another interview early 2022 and I still don’t have any decision. I tried applying for travel parole and it’s been almost 2 years and I haven’t received it( tried to expedite but nothing). I haven’t seen my family in almost 8 years!!! I work so hard and pay taxes every year and haven’t used any help from the government! Who are the best lawyers for these cases, if anyone could please share experience/ feedback I would really appreciate it. I am in Washington DC area
Thanks
I did a blog post about ideas for people with delayed decisions on March 30, 2022 – maybe that would be of interest. Such a long delay is a real disgrace, but unfortunately, it is not uncommon. Certainly, you are justified to file a mandamus case. I do not do such cases, and I do not have anyone to recommend, but you might start with http://www.AILA.org, which has a referral service for immigration lawyers. Good luck, Jason
Thank you so much!
Hello AA,
I’m in an exactly similar situation, I did my interview beginning of 2018 and did not receive any kind of decision yet. I was thinking to apply for travel parole but I heard about the delay and the high possibility of being denied, so I did not pursue it. my lawyer told me about a mandamus lawsuit as a last resort, but I am not interested because I am afraid that my application might be denied, just for suing the institution. anyway, I feel you, like you, I work hard and pay taxes every year and haven`t used any help from the government, I miss my family every single day, I feel trapped and it is frustrating, I just want to say you are not alone in this, keep your faith and hope… 1 Corinthians 13:13…Three things will last forever—faith, hope, and love—and the greatest of these is love…please update me if you hear anything about your travel parole application or if you pursue mandamus lawsuit, I will consider it, if it is working for you. Thank you for sharing your experience.
For what it is worth, I do not think it is very likely that filing a mandamus lawsuit would cause them to deny the case. I guess that is possible, but generally, I think they will decide the case on the merits (and grant or deny), and this will not be affected by a lawsuit. One exception might be if they cannot compete the background check, and then they might deny because they are unable to grant unless checks are done. I think this is very rare and would only apply to people have criminal or “terrorism bar” issues. Take care, Jason
Hello Jason, I am a permanent resident and I have my AS8 category green card, my mother has declared us all and she is now already an American citizen.
I already have a ticket for my home country for January because I will be having a wedding with my fiancée there.
And I have the Passport of my country I did not use the travel document because it will take several months to arrive.
I’m going for 3 weeks and back.
This won’t cause any problem when I return?? And it is possible on my return to declare my wife to come to the USA by showing documents of our marriage?? Also, the regime that my mother had fled the country to change and there is another new president and a very nice new administration in place. How will it be??
If you were a dependent on the case, it should be ok, but if your mother’s case indicated that you would also face harm from the government, you should be prepared to explain why you went back and how you stayed safe (and it sounds like you can explain, given the new government). In terms of your wife, you would need to file an I-130 for her once you are legally married. This process can take a year or more, depending on your country. If she can get to the US on a visa, maybe you can file for her in the US, but you need to be careful about that, since she could get into trouble if she enters the US as a tourist and then marries you – it could cause USCIS to think that she lied about the tourist visa (by claiming that she planned to leave the US after her visit). I would talk to a lawyer to figure out the best way to approach this situation. Take care, Jason
My asylum application has been pending at the field office for over eight years. However, I got a green card through marriage. Can I cancel my application and go to my home country using my home passport? The government I feared is no longer in power and conditions have improved. Will I face problems coming back to the US?
Thanks,
You can withdraw the asylum case, as discussed above. You can travel to your home country, but you should be prepared to explain why you went and how you stayed safe, if you are asked. It sounds like you have an explanation. I wrote more about this issue on January 6, 2016. Take care, Jason
Hi Jason,I applied for an ead based on Asylee status but I used category “c05” instead of “A05” which is the correct one,I still haven’t received a receipt in almost two months so I can correct it,do you think this mistake can cause me problems in future applications?
I do not think it will cause problems in future applications, but it may cause a problem in this application. You might try calling USCIS to see whether you can talk to a person about correcting the error: 800-375-5283. It is not easy to reach a person, but if it gets routed the wrong way, you might never receive a receipt or it could be denied. In any event, you are eligible to work even without the EAD (see https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees). But it does make life easier to have the EAD. Take care, Jason
Hola Jason , le comento un poco sobre mi caso , hace 4 años que resido en los estados unidos, cuando entré a este pais solicite asilo político y entre con un parol , al año y un dia me acogi a la ley de ajuste cubano y hace un año y medio que tengo mi green card con código CU6 , nunca tuve que ir a una corte de Emigracion, siempre pospusieron mi cita , en estos momentos tengo cita para el 16 de septiembre de 2023 y quisiera viajar a cuba en junio ya que tengo un familiar enfermo pais ( también viajare con mi hijo de 1 año que es ciudadano americano) , me gustaría saber que podria pasar si viajo a cuba y tengo esta cita en septiembre? , mis planes serian ir a cuba por una semana . Debo de enviar una petición para que cierren mi caso antes de viajar o usted que me recomienda ? , si pudiera responder y guiarme en que debo de hacer se lo agradecería ya que temo viajar y que no me dejen entrar nuevamente al pais . Gracias !!!
Sorry, my Spanish is not good enough to answer questions in Spanish. If you can post it in English, I will respond. Thank you, Jason
Hi Jason, I have received msg from uscis that my I730 case transfer to Nvc on oct 1st 2022, I have emailed Nvc and they said your case is not in our system yet, do you share your recent experience how long it takes them to create your case? and any roughly idea how long typically the whole process takes to bring my spouse here in USA?
Many Thanks in Advance.
My best guess is that it takes maybe 3 or 4 months for the NVC to do whatever it does and forward the case to the embassy. Wait times after the I-730 is approved seem pretty variable, especially if the person needs to interview at an embassy in a third country, but I would say most (but not all) cases are resolved within a year. Take care, Jason
Hi Jason, thank you for your kind opinion sir,
I do appreciate you much.
Hello
Can you tell me please 2022 I have applied for refugee case and today I withdrawal before hearing
What are the consequences now??
When I will get the final decision of withdrawal my case?
Can I apply LMIA?
I really do not understand the question, sorry. If you have applied for asylum at the asylum office, you can withdraw, but if you have no other status in the US, they will likely send you to court for removal proceedings. If your case is in court, you really cannot withdraw. You can leave the US or seek some other type of relief, and I guess you can withdraw the asylum application, but the court case will still go forward unless the judge agrees to close. Take care, Jason
Hey sane situation here
Can you tell me what happened to you??
Hi SULU ,
Tell me when did you apply your I 730 for your spouse and how long did you wait to get the message from USCIS.
Hi my friend, I have applied in Jan 2022 Sep 2022 they send my case to Nvc, since than waiting to hear back from Nvc.
Thank you
Hi Jason. I am a LPR based on asylum. I have read you saying here multiple times that it is okay for an LPR based on asylum to travel using their national passport to a third neutral country as long as he/she can explain why and how they did so in case it is asked.
But my question is what could be considered a satisfactory answer to USCIS/CBP in case one is asked?
My asylum claim is for LGBTQ issues and does not involve a direct persecution by the government (although it involved some political opinion). Nonetheless the government in my home country changed and it is not the same as when I applied for asylum!
Also, I never renewed my passport as it was issued before I applied for asylum and is still valid!
If they ask, can I say that using the RTD became very challenging because of short validity time and long processing time and that I am not afraid of the current government in my home country? Should that be considered a satisfactory answer?
Thanks a lot!
I think that answer is very satisfactory and I think it is unlikely that you would have any problem with the US government under those circumstances. That said, I do think it is best to get the RTD if you can, but certainly I understand that that document is very limited. Take care, Jason
Hi Jason,
Is it possible for someone who crossed the border and is in the country waiting for immigration court hearing to get married to a US citizen and get a GC this way?
In most cases, the person would need to leave the US and get a waiver to return, but there may be (rare) exceptions. I would talk to a lawyer to analyze the specifics of the case and have the lawyer map out in writing how you will get from where you are now to having a GC, including whether you have to leave the US and how that will work. Take care, Jason
Hi Jason,
I would like to ask do you have some prediction regarding any new trend or changes in the immigration/asylum policies ?
The Republican house majority is going to be in place soon. I am worried that they will impose bad policies and/or oppose good policies (Impeaching Secretary M*yorkas, etc)…
I would like to see secretary M*Yorkas impeached! Seriously!! What did he do for asylum seekers? LIFO still the rule of the land, EAD renewal taking forever, everything seems stopped! I know Republicans are evil for asylum seekers but M*Yorkas is no better too🤷🏽♂️
Well…I agree with the EAD renewal point but still think LIFO should be in place.
In addition, I notice there are some dissatisfaction expressed somewhere else regarding the situation at the border. I cannot help but feel that, correct me if I am wrong, there is a sentiment being conveyed as “There are too many people crossing the border, draining up resources for CFI, and expedited removal/asylum merit interview, and EOIR Dedicated Docket that not enough left for interior ones (those who have the funds to attend embassy interview and afford international flight ticket to make lawful entry, in my opinion, these people should not be granted asylum)”…I understand I am the minority in this position in here as it seems most folks in this blog are interior asylum seekers. So I am not gonna judge which one is right which one is wrong, but with respect to 2023, is there any sign that this situation might change ?
We will see what happens with Title 42, but if it goes away, as expected, the numbers at the border will only increase. Take care, Jason
Hi Jason,
Thank you for writing about asylum withdrawals.
We got our GC through work and now we have to withdraw the asylum case.
Do we have to withdraw before we make any travel plans? And what if we do not withdraw the case what happens?
I do not think you have to withdraw before travel, as long as you have a GC, you can re-enter the US. However, you still need to explain why you used your home country passport and if you go to your country, you should be prepared to explain that – if the US government concludes that your old asylum case was fake, they could try to take away your GC. I do think it is better if you can withdraw the case, and so maybe at least get started on that process – sometimes, it only takes a few days or weeks; other times, it takes months. Take care, Jason
I can’t say I disagree – but in the case of the asylum office, at least they have the excuse that Congress has forced them to deal with Afghan cases. The immigration courts are much worse, and they have no excuse at all. My fear for next year is that Congress will reduce funds for USCIS, and these funds have allowed them to make some progress (over 95% of their funds come from user fees, but it seems that some additional funding was given by Congress and that has helped make some improvements). If funds are reduced, it will certainly not have a positive impact on USCIS’s services. Anyway, we shall find out soon enough. Take care, Jason
Hi Jason,
thank you for your post. I have a question that I hope can get answered from you. If I withdraw my asylum case and I have a non-immigrant status(H1-B) or I-140 approved through my employer, Can I travel abroad (not going back to my home country) using my country-of-persecution passport and come back to the states? I want to meet my family members in a thrid country. I am concerned that the CBP at the airport will make it hard for me to go through the customs or question my withdrawn asylum.
Best,
Francis
An I-140 does not give you any status (though if approved, it would allow you to apply for a GC), but the H1b would allow you to leave and return to the US. Whether you have asylum or withdraw the case should not matter and you should be allowed to re-enter at long as you have a valid H1b visa (the H1b is a “dual intent” visa, meaning that even though it is a non-immigrant visa, it does not matter if you also have an intent to immigrate here permanently, through asylum or some other path). Using the passport can be an issue, and so you should be prepared to explain why you did that. On May 25, 2022, I wrote about using the passport after asylum is granted, but the issues are about the same before it is granted (or if it is withdrawn, since the fact that you filed cannot be erased). Take care, Jason
Hi Jason,
thank you for your reply. I read your post on May 25, 2022 regarding using the passport. I will be prepared to explain that. Another question I want to ask is that if I need to get the H1-b visa stamp at an overseas U.S. embassy that is not in my home country, Will the visa officer also question about why I withdraw my asylum and about using my passport to make sure my asylum case is not fraudulent? Is the statement “because the backlog is too long to wait and I got H1-b and I-140 filed or approved through my employer” enough?
Best,
Francis
I would talk to a lawyer before trying this, as you need to be informed about the different possibilities, but you should be prepared to answer questions at the embassy about why you used your passport. My sense is that you would probably be able to return to the US without much trouble assuming the H1b is approved and that the asylum case – whether it is pending or withdrawn – will not be a big obstacle. However, I do not know your case and I think it is crucial to talk to a lawyer before you try this. Also, the lawyer should help decide whether you need Advance Parole before you leave the country, so you will have that if anything goes wrong with the H1b application. I wrote more about AP on September 11, 2017. Take care, Jason
Hello,
I have asked the USCIS Customer service to expedite my RTD application and sent the supporting documents. USCIS has responded that they have accepted the expedited request and they that they have placed my application under expedited review. Any idea how long would they take to process the RTD application? Thank you very much
I do not know. A normal application takes over a year. With the holidays coming up, it certainly won’t make things any faster, but maybe you want to follow up with a call in a week or so and see if there is progress. Take care, Jason
@MEA
I think you will have a response from USCIS for a maximum of 10 days. I say this from my experience
Hi, i had my individual hearing yesterday, the DHS was super nice but judge was super picking and did not finish it so he gave us another date for March2023 and also my background check was not ready (my wife and i), what is your suggestion?!, why background check takes that much and DHS said it will take 3 months so they did not know we had hearing yesterday to order it early and the other thing have you ever had this kind of individual hearing experience that takes more than one day?!, please guide me, Thank you.
It happens – I doubt it has anything to do with you specifically and is a problem with DHS completing the check. Depending what the judge told you, the next hearing may only be for a decision, or maybe more testimony is needed, so you should prepare accordingly. Good luck, Jason
Thank you so much, do you think is that ok i change my attorney if i am nit happy with him and judge will accept it?! , just less than 3 month i will have another part of my individual hearing?
You can change your attorney whenever you want – that is your choice. The problem is that it may be difficult to find a lawyer who can take a case on relatively short notice, and it will likely be more expensive for a new lawyer to get up to speed on a case prepared by someone else. That said, if your lawyer is not serving your needs, you are better off with someone who will. Take care, Jason
Thank you so much, is that possible you take over my case?
I don’t think I will be able to take any new cases with court dates scheduled in the next few months. If the case is postponed, I may be able to assist. Take care, Jason
Can I ask a question ?
I just want to ask how prevalent fraud is in asylum communities ? I was doing research and then I find this: https://www.nytimes.com/2014/02/23/nyregion/asylum-fraud-in-chinatown-industry-of-lies.html
I mean…so does it mean all the high success rate of this country’s applications are supported by lies and fraud ? I used to really think that this group suffered great harm and they worked hard on their asylum applications, they rightfully deserve asylum, and I don’t think my experience is one tenth of what’s mentioned in their stories. So even though I applied for asylum in good faith, I don’t believe I will be granted this relief, if compared to them, and as a result, I am preparing to go undocumented in the future. And then I now find out…all these people are what’s called…”fiction writers”…it’s such a slap on my face…They were able to invent stories, deceive asylum officers and IJs and be granted asylum and have such high success rate. Do you think this is a huge affront to genuine asylum seekers ?
Fraud has always been an issue – in asylum cases and every other area of law and life. It is the job of USCIS, DHS, and EOIR to detect and stop it, and to grant legitimate cases, and they can often detect fraud. Obviously, it would be better for everyone if people did not commit fraud, but I suspect that is human nature and it is not going away. Take care, Jason
Hi Jason. Thank you for your kind help. My political friend released from detention near San antonio and now he is at me in Dallas TX. His case refereed to Immigration Court San Antonio. We are cofused due to some situation: Because before releasing he got letter by hand in Detention Center by Department of Home Land Security that he has to appear in Immigration Court San Antonio TX on December 14,2022.At the time of release he got Interim Notice Authorizing Parole and was written it to contact for any change of address or correction to Immigration judge… Dallas TX. Now when we checked online status of his Case on immigration court online status, it was updated today and showing that his case is scheduled in May 2024 in San Antonio Immigration court. My Question is that: 1. When he has to go for Hearing? 2. For Address change he has to go San Antonio Court or Dallas Court?
I would rely on the online system. If you want to double check, you can call either court and ask – you can find the phone number if you follow the link under Resources called Immigration Court. You can also ask about filing the change of address, but normally, it is filed wherever the case is located, which you can get from the online system. Finally, if your friend plans to file for asylum, he needs to do that within one year of arriving in the US, so you cannot wait until May 2024. Talk to a lawyer about that, but it is very important that the I-589 asylum form be filed before the one-year anniversary of your friends arrival in the US (plus, the sooner you file, the sooner you can become eligible for a work permit, though this issue can also be complicated and you should discuss it with a lawyer as well). Take care, Jason
Hi Jason,
Thank you once again. I am presently awaiting my master hearing date, having been referred to the court. My date is in February 2024. However, few months back, I became a victim of armed robbery when some guys robbed me at gun point. Shortly after the incident, I called 911, and there were able to arrest the guys and recovered my stolen items and the gun used to rob me. They are still in jail, and the District Attorney Office has been calling and updating me as a victim of crime.
Now, my question is this?
1. Is it advisable for me to apply for the U Visa, being a victim of crime, while my case is in court?
2. What if I get married b4 the court date becos I’m already in a relationship
?
3. Will the filing of a U Visa affect the chances of getting a green EARLY if my spouse files for me?
4. What is the possibility of having a green card, if married and filed 1 year b4 the court date?
Pls help. I’m confused.
1 – You can do that. The application is with USCIS. You would file it and ask the court to put your case on hold (probably not needed since it is not for over a year), and then later ask the court to dismiss your case so USCIS could issue you a GC. 2 – That is also a possible path to get a GC. It is easiest if the person is a US citizen. I wrote about that on August 6, 2018 and (for marrying a GC person) on August 28, 2018. 3 – I do not think so. 4 – I do not know your case, but for true marriages where there are no criminal or immigration issues, most everyone gets a GC. Take care, Jason
Hi jason. Do you have any experience how long EAD renewal for pending Asylum applicants take these days? It is almost a year that I have applied qnd my case is handled at Nebraska Service Center but still waiting.
It takes over a year for most people. If you filed before the old EAD expired, you received an automatic 540-day extension. I wrote about that on May 11, 2022. Take care, Jason
Same here, this issue is very serious…
Hello UIFANG,
I have commented in pervious post about my EAD renewal! I am asylum pending waiting for interview! I have applied last week of October, 2022 and got my card before the end of November, 2022 (It literally took less than 4 weeks). Hopefully you will hear good news on your EAD renewal soon.
Do you happen to be a healthcare worker ?
It looks like USCIS took some kind of LIFO policy for the EAD renewal application as well. I have read about some people who renewed their EAD (c08) these days within a few weeks whereas tons of people submitted an EAD renewal application almost a year and it is still pending.
Hmmm…that’s not very nice…
I doubt it is something similar to LIFO – my guess is that they are trying to improve wait times and they are doing that with certain batches of cases. Of course, we do not know, so that is only a guess. Take care, Jason
Hi, has anyone ever had an issue when starting new employment and get a TNC while on 540 receipt ?
May I ask who reviews the photo during everify process ? Is it the govt or someone from the employer side?
The photo should be most uptodate in the government database because one is supposed to provide 2 photos when applying for C8 renewal. But this photo in the government record will be different from the one photo that in your expired EAD. So the photo will be different, I have in the past had employers indicating the two photos are different during everify process.
In this situation, the photo is supposed to be different…right ? The employer is pointing to this sentence to justify their photo mismatch determination “The photo on the employee’s actual document or a copy matches the photo displayed by E-Verify. Clothing, hair style, facing direction and appearance on the card should be identical to the photo displayed by E Verify.”
https://www.e-verify.gov/e-verify-user-manual-20-initial-verification-22-create-a-case/222-e-verify-photo-matching
I know there is a USCIS page saying some people can get 540 day receipt. Is there a USCIS page that says the 540 receipt people may have a photo displayed in everify that is different from their expired EAD ?
I keep getting TNCs and keep losing jobs because of this one issue
Good Morning Jason. Thank you for your guidance. I have my Individual hearing in February 2023. i came to this country on a work visa, then i applied for Asylum. i have completed 10 years. Paid my taxes and don’t have any criminal records. I have 2 kids who are US citizens. Will i qualify for cancelation of removal. If yes can i apply for it now or do it at my individual hearing. Thank you
You need to have to have 10 years before the US government issues the Notice to Appear (the document initiating removal proceedings). You need to file many documents in advance to apply for Cancellation, and also pay the fee, which takes time. If you think you may be eligible for Cancellation, talk to a lawyer as soon as possible. It is already very late to prepare a Cancellation case for February, so you should talk to a lawyer about this as soon as possible. Take care, Jason
what are the chances of Passing citizenship act 2021 now the senate democrats have 51-49 majority. Passage of this act will wipe out all backlogs immediately, please write an article on this topic, as hope is what we need now since backlog is crazy
I do not know anything about such an act and I would expect that no law like that will pass anytime soon. There is some sort of deal in the works related to Dreamers, but we’ve seen that before. Hopefully, it will pass, but that will only help certain people. Take care, Jason
Hi Jason,
Thank you for maintaining this blog and guiding asylees. Quick questions on withdrawing asylum case. Can one withdraw asylum case after getting an asylee based green card? I have been renewing RTD every year that’s like $220 and have missed work opportunities due to that. Not really sure if there were/are discussions on extending the RTD validation to more than a year. As you know most countries require 90 days in passport before traveling which limits travel/work opportunities especially for individuals working in international development. Extremely grateful for the green card, is there a way not to be renwing RTD yearly considering that we’re also in recession. Thank you!
You cannot withdraw such a case because the case is done and there is nothing to withdraw. In terms of the RTD, if you have a passport, you can use that instead, since the RTD’s validity period is so limited, but you have to be careful using your passport as an asylee – I wrote about that on May 25, 2022. USCIS has announced some goals for 2023, but I did not see anything about making the RTD valid for a longer period. This is such an easy fix, I do not know why they have not done it yet. Take care, Jason
Recently, the govt is trying to reinstate some Trump-era policy, making people who have not asked for in-transit countries for asylum…ineligible for asylum. In addition, the govt is also trying to appeal title 42. Do you think this is a trend indicating that B*den administration is changing atitudes to wards immigration issues ?
More…limiting and conservative ?
I have not heard about them trying to re-instate Trump policies – they have been trying to eliminate Title 42, but that has been blocked by a court. The bigger problem from my perspective is their utter disregard for due process of law as they strive to reduce their backlogs. Take care, Jason
Hi Jason. Thanks for your kind guidance. My friend who crossed Mexico Border last month and was detained, He released today. He has hearing in San Antonio Court next Month.My Questions are: 1. Can he file his Political Asylum Case on form i589 direct to USCIS by Mail before going to Immigration Court? 2. Can he again file Asylum Case form i589 form in immigration court at the time of Hearing with same date? Thank you.
1 – If his case is in court, he needs to file with the court and DHS (the prosecutor). He also needs to Google “pre-order instructions in immigration court” and submit a copy of the I-589 (the first 3 pages) to USCIS to get fingerprints. 2 – He can do that at the hearing, assuming it is in-person, but if it is by Webex, he will have to file the form by mail, at the court window or by ECAS (electronic filing, which is only available for some cases). Take care, Jason
Thank you. I do not under stand DHS ( prosecutor) where is he? Im court or om different address?
You can follow the link under Resources called DHS Office of the Chief Counsel and you will find the contact info. Take care, Jason